In the usual case, court review of a rule making proceeding is limited to the inquiry whether the agency abused its discretion, acted in excess of its delegated powers or failed to comply with procedural requirements. 5 U.S.C. § 706 (Supp. IV, 1969). Here, however, we are reviewing the initial choice of the Commission to employ a particular type of proceeding. We are not called upon to review the result of that proceeding which is before us in the form of an order of the Commission. The decision with respect to the type of proceeding has been held to reside within the discretion of the agency, reviewable only as an abuse of agency discretion.
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This approach has a rational basis and is consistent with past judicial policy and practice governing the review of the action of administrative agencies.

Plaintiffs argue that the amendment or modification of existing certificates constituted "licensing" and that adjudicatory proceedings to accomplish this result were required under sections 206 and 207 of the Interstate Commerce Act, 49 U.S.C. §§ 306, 307 (1964),
*fn4"
and under the Administrative Procedure Act, 5 U.S.C. § 551 (Supp. IV, 1969).
*fn5"
As a corollary they urge that the burden of proving that the public interest and necessity required the removal of the restrictions should have been upon the carriers whose certificates contained these restrictions.
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In essence, plaintiffs ask that the Commission be required to hold adjudicatory proceedings for each of the approximately 250 carriers whose certificates were affected by the instant rule making proceeding.

In a broad sense, many agency proceedings contain elements of both adjudication and rule making.
*fn7"
The election between adjudication and rule making may often turn on agency policy decisions and specific agency needs. Courts increasingly are recognizing the validity and necessity of rule making in situations which could support adjudication instead.
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Flexibility in agency proceedings is imperative so that an agency may carry out its policies in the most intelligent, expeditious and efficient manner possible, consistent with the requirements of due process.
*fn9"

More specifically, under the teaching of American Airlines, Inc. v. CAB,
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a rule making proceeding which affects uniformly the interests of a class of licensees or certificate holders is valid. In American Airlines, the Board issued a regulation pursuant to a rule making proceeding which provided that only air carriers moving cargo without passengers were entitled to sell space at wholesale rates when the user reserved a specified amount of space in advance. Air carriers carrying both cargo and passengers were denied this privilege. The Court sitting en banc held that the agency had issued a general regulation applicable to all carriers within an appropriate class and that adjudication was not required as to each carrier within that class. In so holding, the Court concluded:

"Where the agency is considering a general regulation, applicable to all carriers, or to all carriers within an appropriate class, then each carrier is protected by the fact that it cannot be disadvantaged except as the Board takes action against an entire class. For any such class regulation there is also protection outside the field of procedure in that the general regulation must be reasonable both as to the classification employed, and as to the nature and extent of the restriction in relation to the evil remedied or other general public purpose furthered." American Airlines, Inc. v. CAB, supra, 123 U.S. App. D.C. at 317, 359 F.2d at 631.

The American Airlines case contained problems not present in the Commission's order here under review. As three dissenters pointed out, the appropriateness of the disputed class was open to question and the difference between "all cargo" and "combination" carriers was not clearly significant. Id. at 634-637. These same doubts concerning the delineation of the class of certain carriers are not present here since a carrier is either restricted or he is not.

Moreover, the Commission here dealt with an outmoded, confusing restriction enacted in the distant past and currently serving no discernible public interest. Past agency experience has clearly demonstrated the difficulties inherent in the restriction so that a compelling need for amendment was presented. American Airlines on the other hand involved an agency judgment that, because of the proposed regulation, air carriers might attract a greater volume of traffic and perform more efficiently through the development of improved marketing and performance techniques. 359 F.2d at 625, 627. This involved a speculative prediction of future economic results which does not normally lend itself to agency action in the same way as a pressing current situation where past experience has demonstrated the need for change.

Finally, the number of air carriers affected by rule making in American Airlines was relatively small compared with the 250 motor carriers affected by the instant Commission order.

Plaintiffs have conceded that no errors were committed in the course of the Commission's proceeding and have not challenged the substantive results of the Commission's order. As stated at the outset, they challenge the choice of the procedure employed to reach these results. It is appropriate to emphasize that the rule making proceeding itself was conducted properly under the statutory standards applicable to a "rule making proceeding." 5 U.S.C. § 706 (Supp. IV, 1969). The regulation issued in this case falls within the definition of a rule. 5 U.S.C. § 551(4) (Supp. IV, 1969). As fashioned by the Commission the rule was reasonable and within its power.
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The required procedure
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was carefully observed in that (1) the Commission mailed notice to all restricted carriers,
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(2) invited all interested parties to submit their views,
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(3) considered and meticulously summarized the views of all parties represented,
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(4) analyzed specific objections of one carrier against another,
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and (5) exhaustively summarized the types of restrictions existing in the outstanding certificates.
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V. CONCLUSION

Given the problems previously encountered by the agency over many years in interpreting and attempting to enforce the restrictions, the large number of certificates involved and, very importantly, the care with which the Commission analyzed its delicate task, the Commission did not abuse its discretion by employing a rule making proceeding in this case. The order of the Commission is hereby affirmed.

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